Theft from gym locker, i'm in last chance saloon!

[Goonermatt]

Hi, back in August I had my locker broken into while using the gym at a LA Fitness. My wallet, iPhone and keys were stolen along with some clothing. After some back and forths between myself and Royal Sun Alliance (LA Fitness's insurer), they are refusing to pay out on their public liability insurance.

I have put forward a strong case with plenty of cogent arguments (available on request!), but their basic reason for denying negligence (the only way their policy would pay out) is that 'they cannot be held liable for the actions of a stranger', as nobody has been charged with the theft. I have argued that it is just as likely (and very probable in this case) that the theft was committed by a member of their staff, in which case liability is not in question.

Essentially, I want to know if anybody knows if it's worth my while pursuing this. As it stands they have again refused me a penny and the theft cost me something in the region of £2,000. The next stage would be hiring a solicitor, but I don't want to get involved in that if it's going to be a waste of time or money.

Please don't write back along the lines of "...if there is a notice in the changing room saying 'we don't accept liability for loss etc' you're out of luck" as the OFT has already ruled that such signs are an unfair term and anyone with an ounce of common sense should realise that such signs cannot be used as an excuse for negligent practice (apart from RSA though, apparently).

Thanks in advance and apologies for length of post. It could have been much longer if I'd listed all the reasons I think LA Fitness have been negligible in this case.....

[kp83]

Hi Goonermatt,
Did you manage to get anywhere with this? Three weeks ago about 7 iPhones were stolen from LA Fitness in Sale, and more from the Brooklands branch. The lockers were all locked with padlocks still so evidently there is a way to open them without breaking them...despite this LA Fitness are refusing to accept liability.
Any help would be appreciated!

[Goonermatt]

Update: still no joy I'm afraid.

Myopi8/kp83, those are some frustrating stories, I can't believe that gyms can get away with this time and time again. These thefts are rife, happening all over the country and people spend hundreds, if not thousands of pounds a year on their gym memberships and these massive companies just dont care about their members and won't take any responsibility for thefts from their premises.

In my case, I wrote a lengthy letter to John Napier, CEO of RSA, in an effort to have my insurance claim reviewed. I also copied the letter to 6 other board members and one exec at LA Fitness. All sent recorded delivery, but surprise surprise, not one reply.

I havent given up quite yet. I've escalated it to the Financial Services Ombusdman as I wasn't happy with RSA's decision or service. I won't tell you what I think of LA Fitness.

Kp83, I'll mentiOn those further thefts to the ombudsman if they ever get back in touch, it strengthens my case a bit and illustrates the problem even more.

[Soundman]

Hello. I have literally in the last week had my locker broken in to at LA Fitness Ewell. They stole my I Phone however left my wallet (that had near on £200 in it). I assume this was an interrupted theft! My locker that was used had a damaged locking mechanism on it making it impossible to lock the locker. I have written to the head office and they as we have all experience accept no responsibility at all. They have stated that the locker was damaged when my stuff was stolen, therefor they are not responsible!

Now I have been speaking to other members at the gym who state that the locker in question has been like this for a long time and many have not used it for that exact reason, however I honestly did not notice it when I used it as there was no sign to indicate it was un usable or damaged in any way!

I have taken a video of the broken locker being opened with one of there padlocks on it and I can confirm that even today (over a week after this robbery!) the locker is still damaged with no sign or repair being action'd! I have taken a video of this and photos yesterday as you would think they would repair this as a matter of urgency! I will assist in any way to work together in order to get justice and am happy to take whatever steps it takes to make sure things like this don't happen again! I am going to write one more letter and then to all the people mentioned in the previous posts.

[Soundman]

Should anyone wish to have direct contact with me, my number is 07932 056 438.

[New-guy]

Hi there,
I am a new member of LA fitness and am having some difficulties in accepting some negligence or ignorance which I have already witnessed.
Today, I was at GYM. For some reason, I went back to my locker and saw a male (already been reported) was picking on my padlock. He suddenly moved away and because a member of LA (the cleaner) was at the scene, I did not suspect too much (made mistake, I know). But I did report to the reception when leaving the GYM.
There are signs every where stating that LA does not hold any responsibilities for any loss, damage, theft etc (inside facilities and in parking lot).
They even stats that they do not check on swimming pool (which is not clean as it should be), SPA, Sauna and Steam Room.
I do not deny that I became a member as the price was law (£20.00 a month), but I do not want to become a victim of bad management also.
I am being more careful now, not using LA's padlock and checking on my stuff few times in a session. But I think it does not worth it, will see how to end the membership if things kept happening.
Just to say, LA has a bit of bad reputation, unfortunately, I found out after the cooling off period!!!
Regards